File No. 813.00/865
Chargé Johnson to the
Secretary of State
No. 162
American Legation,
San José,
August 24, 1917.
Sir: Referring to your telegram dated August
22, 5 p.m., I have the honor to send enclosed herein copies and
translation of the note of the Minister of Foreign Affairs of Costa Rica
dated July 17, 1917, and first published here on August 22, 1917, and of
the note in reply from the Minister of Foreign Affairs of Honduras dated
July 31, 1917, and first published here on August 23, 1917.
The Costa Rican note embodies the suggestion that the Washington Treaties
be revised and extended, particularly that creating the Court of
Justice, at a conference of plenipotentiaries to be held in this city
September 15th next, and that if Nicaragua is unwilling to recede from
its denunciation of the treaty that she be left out but the road left
open to her to join at a later day whenever she admits the jurisdiction
of the court in the recent suit of Costa Rica against her over the
Bryan-Chamorro Treaty. The Honduras note accepts the invitation to the
conference of plenipotentiaries but proposes that the primary subject of
the conference be the embodying into a treaty of the union of all the
Central American States, stating its willingness to enter into an
extension of the treaties, but apparently only on the condition that
Nicaragua also joins, in case the project for union fails.
A further report in compliance with your telegraphic instructions
referred to above will be sent at an early date.
I have [etc.]
[Inclosure 1—Translation]
The Minister of Foreign Affairs
of Costa Rica to other Central
American Republics except Nicaragua
Department of Foreign Relations,
San José,
July 17, 1917.
Mr. Minister: I have the honor of
informing your excellency that this Chancellery, in view of the note
dated March 9 last which was sent to it by his excellency, the
Minister of Foreign Affairs of Nicaragua, in which he gives notice
of the denunciation, on the part of his Government, of the
Convention of December 20, 1907, which created the Central American
Court of Justice and which was signed in Washington by the
Plenipotentiaries of Costa Rica, Honduras, Guatemala, Salvador and
Nicaragua, thinks it necessary to hasten to bring about an exchange
of impressions in the matter, in order wisely to decide what will be
most to the interest of these Republics under the circumstances.
The Government of Costa Rica, inspired by the most cordial sentiments
of fraternity, would observe with the greatest pleasure that the
Government of Nicaragua, considering its denunciation as having been
made within the spirit of [Page 40]
Clause XXVII of the Convention, saw fit to accept the extention of
the life of the Court for a new decade in view of the advantages
which the maintenance of that institution brings to our nations in
the midst of whom it fills the high mission of solving pacifically
and in a civilized manner by rules of law the controversies or
differences of an international character which might arise between
them.
In a word, in the judgment of this Government, the Central American
Court of Justice, in which are traced the noble principles of
arbitration, is an important conquest of progress in these countries
and it would be sad indeed to see it disappear exactly at a time in
which the spectacle of the World War imposes on the human conscience
the absolute necessity of banishing the cruel recourse to force as
the solution of the contentions between nations.
The right of denunciation exercised by the Government of Nicaragua
before the other signatories of the convention to which I refer
imposes the reorganization of the Court by the other States agreeing
with the idea that it should be preserved; and to provide for the
unexpected contingency that that Government persists in its present
position of closing its ears to all effort directed to induce it to
desist, it is the lively and sincere desire of Costa Rica, and in
this sense I hasten to communicate it to your excellency, that in
the new treaty the steps be pointed out that are necessary so that
at any time our sister Republic can join as high contracting party
when it shall see fit to do so, after having changed its
attitude.
The Chancellery has made efforts in the sense of inducing the
Government of Nicaragua to desist from the denunciation made,
because our greatest desire is to assure the extention of the
institution alluded to in all its integrity; and we do not doubt
that the Government of your excellency regards the case in
conformity with the views expressed and will therefore permit us to
suggest the advantage of employing your good offices with the
Government of Nicaragua in order to arrive as soon as possible at
the objective indicated.
But if the Government of our sister Republic should not accede to the
request that it desist which is made of it, the Government of Costa
Rica believes that in order to preserve the international unity,
that is the fruit of the Treaties of Washington, it would be well to
proceed by common accord of their signatories to the total or
partial revision of these pacts in a new Conference of
Plenipotentiaries of Central America which might meet, let us say,
the 15th of September, next.
In proposing respectfully to your excellency this project I hasten to
tell you that my Government as a pledge of its aspiration for the
cordial settlement of the difficulty created, highly honors itself
in offering, without more ado, the hospitality of the Republic for
the conference mentioned, with the feeling of certainty that once
removed the difficulties in the way of a good common understanding
that today exist, it will be possible for Central America, at the
expiration of the term of the denounced treaty or upon the
substitution of one or more of those signed at the same time, to
renew a system of international life in accord with its aspirations
and interests, within the fraternal spirit which our history and
solidarity of interests demand.
I am confident, Mr. Minister, that the delicate negotiation which I
permit myself to initiate in the present note will be pleasing to
the Government of your excellency and I avail myself [etc.]
[Inclosure 2—Translation]
The Minister of Foreign Affairs
of Honduras to the Minister of
Foreign Affairs of Costa Rica.
Tegucigalpa,
July 31, 1917.
Mr. Minister: * * * (Omitted portion merely acknowledges receipt of
note from Foreign Minister of Costa Rica, dated July 17, 1917, and
repeats to a great extent its contents.)
In answer I have the honor to inform your excellency that my
Government takes up with enthusiasm of the liveliest kind the
initiative undertaken by the distinguished Government of our sister
Republic and that with the greatest satisfaction it will be
represented by its plenipotentiary at the conference projected for
the total or partial revision of the Treaties subscribed in
Washington or to extend by means of a new treaty the convention
which established the [Page 41]
Central American Court of Justice, if, as I do not doubt, the other
Governments of Central America, impressed with the high and noble
end sought by the Government of your excellency, accept the
fraternal initiative.
The denunciation of the convention which created the Central American
Court of Justice by the Government of Nicaragua is really not what
will end it, because with that denunciation or without it, the
convention would terminate at the completion of the term of years
fixed for its existence, if before then it is not prorogued by means
of a new pact between the high contracting parties.
In Article XXVII of the Convention the high contracting parties
declared that, for no reason, nor in any case, shall this convention
be regarded as annulled; and, consequently, they shall always regard
it as in force during the period of ten years counted from the last
ratification.
The fixing of this term without the right of prolongation within the
terms of the convention itself, as is the practice in treaties of a
permanent character, suggests the idea that the Central American
plenipotentiaries had in view at the time of subscribing to the
Washington Pacts in 1907, that these pacts were in the way of
preparation for the fusion of the Central American nations into one
single nationality, as was expressly declared in the preamble of the
Convention on Future Central American Conferences. And without doubt
they thought that to realize this great and longed for ideal of
patriotism the period of ten years would be enough.
If this was the thought which inspired our plenipotentiaries in the
Conferences of Washington to fix in Article XXVII of the Convention
creating the Central American Court of Justice a fixed period for
the treaty to endure, then today, when this period of time is about
to expire, a meeting of plenipotentiaries of the five Central
American States is required, for the purpose of considering whether,
as my Government believes, the moment has arrived to agree by pact
upon the union to which the several peoples aspire, or, if the
contrary is the case, to prorogue the convention which created the
court, since, while the General Treaty of Peace and Friendship is in
force, the Republics of Central America are obligated to solve by
means of that Court, every disagreement or difficulty which may
arise between them; and since the spirit which governs the
Conventions of Washington taken as a whole, in agreement with the
general sentiment, counsels the maintenance of the high Tribunal of
Justice in its established form, as long as the union of Central
America is not realized.
My Government, most excellent Sir, faithful to the great ideal of the
unity of Central America which it has ever loved, avails itself of
this happy occasion in which the peoples and Government of the
Isthmus confirm in an unequivocal manner their sentiments of
confraternity, to propose the ideal as the theme of first importance
for the Conference of Plenipotentiaries initiated by the Government
of your excellency.
The difficulties of all kinds that surround at the present the weak
Republics in which the fatherland of our elders is divided and the
certain forecast of future dangers, which in their isolation
threaten each of them in the international disequilibrium that will
exist in the world whatever be the result of the present formidable
war, are other considerable reasons for accomplishing, once for all,
by means of union, our historic destiny.
The very Government of Nicaragua, which perhaps has reasons for not
accepting the initiative of your excellency by reason of its having
been the actor in the denunciation of the treaty which created the
Central American Court of Justice and of having maintained its
denunciation notwithstanding the efforts made by the Government of
Guatemala to bring about its reconsideration, would perhaps find no
objection to subscribe with the other Governments of the sister
Republics the Treaty of Union, demanded to-day more than ever by
Central American patriotism.
My Government, confident of the good will of your excellency’s, whose
high views are reflected in the note to which I have the honor to
refer, proposes to you this project and would like to have your
illustrious opinion in order to present it to the other Governments
of the sister Republics, who have on all occasions shown the most
lively and sincere Central Americanist feeling.
The labors to realize the union of Central America would have
sufficient time in which to be carried on in order to arrive at the
most solid bases before the celebration, and with the idea of their
being concluded before the time of the memorable date upon which is
completed the centenary of our political independence, so that this
date would find us already united in one single Republic—we, the
five fractions of the Central American Isthmus.
[Page 42]
Glory, unmeasurable glory, Mr. Minister, will be attained by the
present governors of Central America, if, as I do not doubt, they
place at the service of this great ideal their patriotic
efforts.
If the proposition which is made above, which, with special
instructions of the honorable, the President of the Republic, I
present to the illustrious consideration of your excellency’s
Government, is not deemed practicable nevertheless this will not
change the good will of my Government which will attend the
conference which your excellency has proposed, for the ends
expressed in your important note, and for every other high purpose
directed to maintain the most perfect harmony and fraternity, among
Central American States.
I avail myself [etc.]
